Employers Beware: the NY Wage Theft Prevention Act is a Potential Misclassification Minefield! The NY Wage Theft Prevention Act, which became effective April 9, 2011, requires all private sector employers with New York employees (regardless of how many) to provide those employees with a “pay notice” at the time of
OVERTIME VIOLATIONS Unless you are specifically classified as an “exempt” worker, your employer must pay you overtime wages for any hours you work over 40 hours in a workweek (see this prior blog entry). Your employer must pay overtime wages at a rate of at least one and one-half times
Small business owners in New York are often so inundated with the day-to-day hustle of increasing revenue, marketing, and actually working, that they often overlook federal and state wage and hour laws. But be warned: failure to properly pay employees can significantly harm your business. However, a few simple pointers
Both the Fair Labor Standards Act (“FLSA”) and the New York Minimum Wage Act (“NYMA”) generally require the payment of overtime wages for work performed after 40 hours per week. For some general information on overtime and misclassification issues, please see our prior blog posts here, here and here. The
The United States Department of Labor (“DOL”) recently announced that its “DOL-Timesheet” app was available for free download from Apple’s App Store. This complimentary app is available in English and Spanish and is compatible with the iPhone, iPod Touch and iPad. The DOL has also promised to explore the viability
Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well
Do I have an overtime claim? If you think that you may have an overtime claim, chances are that you do. Below are a few frequently asked questions about New York Overtime Law that can help you to determine whether you have an overtime claim or a claim under the
The legal ramifications of hiring unpaid interns in New York and elsewhere are making many businesses sit up and take notice. Two former interns suing Condé Nast Publications have the corporate community in an uproar with rumors of doom and gloom and lawsuits to come as unpaid interns begin challenging
Effective January 1, 2015, the Federal Fair Labor Standard Act’s minimum wage and overtime protections will extend to workers who provide essential home care assistance to elderly people and people with illnesses, injuries or disabilities. The revisions to the law narrow the definition of “companionship services” (and therefore limit the
In general, an employee’s “hours worked” include all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work. All employees must be paid for all time worked. So if your employer is forcing you to work off the clock, you
